Resolution 2021-31632 RESOLUTION NO. 2021-31632
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF
THE "RESTAURANT RECOVERY OUTDOOR SEATING PILOT
PROGRAM," AS ESTABLISHED BY RESOLUTION NO. 2020-31276,
THROUGH SEPTEMBER 30, 2021, WHICH PROGRAM
TEMPORARILY ALLOWS RESTAURANTS TO EXPAND SIDEWALK
CAFÉ SEATING AREAS ONTO PUBLIC RIGHTS-OF-WAY, OR OTHER
OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL
EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE
CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH
RESTAURANT OPERATOR'S COMPLIANCE WITH (1) APPLICABLE
PROVISIONS OF THE CITY'S SIDEWALK CAFÉ ORDINANCE, AS SET
FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY
CODE; AND (2) SOCIAL DISTANCING AND SANITATION
REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF
FLORIDA, MIAMI-DADE COUNTY, AND CITY OF MIAMI BEACH
UNDER ANY APPLICABLE EMERGENCY ORDER, WHICH SHALL
CONTINUE UNLESS TERMINATED BY THE CITY COMMISSION.
WHEREAS, coronavirus disease 2019 ("COVID-19"), a severe acute respiratory
illness caused by the SARS-CoV-2 virus that can spread rapidly from person to person
and cause serious illness or death, constitutes a clear and present threat to the lives,
health, welfare and safety of the people of the City of Miami Beach; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order
20-52, declaring a state of emergency for the entire State of Florida as a result of COVID-
19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the
rapidly spreading coronavirus outbreak a pandemic; and
WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez
declared a State of Emergency for all of Miami-Dade County due to the threats associated
with COVID-19; and
WHEREAS, on March 12, 2020, the City Manager for the City of Miami Beach
declared a State of Emergency for the City of Miami Beach, as COVID-19 poses a health
risk to the City's residents; and
WHEREAS, the County and the City have issued a number of Emergency Orders
that temporarily closed and/or imposed restrictions on public and private facilities,
including temporary closures, occupancy limits, and other restrictions applicable to
restaurants; and
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WHEREAS, the foregoing restrictions have greatly limited economic activity in the
City of Miami Beach, and continue to adversely impact City businesses, including
restaurants; and
WHEREAS, the path to re-opening businesses in the City must promote business
operation and economic recovery while safeguarding the public's health and safety; and
WHEREAS, the significant reductions to indoor occupancy in response to the
COVID-19 Pandemic, has placed financial strain on many restaurants throughout the
City; and
WHEREAS, the City Commission adopted Resolution No. 2020-31276 on May 13,
2020, which established the Restaurant Recovery Outdoor Seating Pilot Program (the
"Program"), in order to permit restaurants to expand their footprint as a further effort to
mitigate the loss of seating associated with COVID-19 social distancing requirements in
response to State, County, and City Emergency Orders; and
WHEREAS, the Program permits restaurants to expand their sidewalk café seating
areas onto public rights-of-way, or other outdoor seating areas on private property,
subject to the Administration's review and approval of the proposed site plan for these
expanded area(s); and
WHEREAS, these restaurant operators are subject to those applicable provisions
of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City
Code), and social distancing and sanitation guidelines or requirements imposed by the
State of Florida, Miami-Dade County, and City of Miami Beach pursuant to those
emergency orders issued to prevent the spread of COVID-19; and
WHEREAS, the City Commission approved an extension to the program on
September 16, 2020, via Resolution 2020-31406, which expired on December 31, 2020;
and another extension on December 9, 2020, via Resolution 2020-31523, which is set to
expire on March 31, 2021; and
WHEREAS, the Administration recommends an additional extension to the
Restaurant Recovery Outdoor Seating Pilot Program through September 30, 2021, in
order to continue to promote business operations and economic recovery consistent with
the terms of the Program as set forth in Exhibit "A" to this Resolution, and incorporated
herein by reference.
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NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby extend the duration of the "Restaurant Recovery Outdoor Seating
Pilot Program," as established by Resolution No. 2020-31276, through September 30,
2021, which Program temporarily allows restaurants to expand sidewalk café seating
areas onto public rights-of-way, or other outdoor seating areas on private property, via
special event permits issued pursuant to Section 12-5 of the City Code, with any such
permits subject to each restaurant operator's compliance with (1) applicable provisions of
the Sidewalk Café Ordinance, as set forth in Chapter 82, Article IV, Division 5 of the City
Code; and (2) social distancing and sanitation guidelines imposed by the State of Florida,
Miami-Dade County, and the City of Miami Beach, which shall continue until terminated
by the City Commission.
PASSED and ADOPTED this 17th day of March, 2021.
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ATTEST:
Dan Gelber, Mayor
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Rafae E. Granado, City Clerk
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Resolutions - C7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF THE
"RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS
ESTABLISHED BY RESOLUTION NO. 2020-31276, THROUGH
SEPTEMBER 30, 2021, WHICH PROGRAM TEMPORARILY ALLOWS
RESTAURANTS TO EXPAND SIDEWALK CAFE SEATING AREAS ONTO
PUBLIC RIGHTS-OF-WAY, OR OTHER OUTDOOR SEATING AREAS ON
PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED
PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH
PERMITS SUBJECT TO EACH RESTAURANT OPERATOR'S
COMPLIANCE WITH (1) APPLICABLE PROVISIONS OF THE CITY'S
SIDEWALK CAFE ORDINANCE, AS SET FORTH IN CHAPTER 82,
ARTICLE IV, DIVISION 5 OF THE CITY CODE; AND (2) SOCIAL
DISTANCING AND SANITATION REQUIREMENTS OR GUIDELINES
IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND CITY
OF MIAMI BEACH UNDER ANY APPLICABLE EMERGENCY ORDER,
WHICH SHALL CONTINUE UNLESS TERMINATED BY THE CITY
COMMISSION.
RECOMMENDATION
The Administration recommends approving an additional extension to the Restaurant Recovery
Outdoor Seating Pilot Program, through September 30, 2021, in order to continue to
promote business operations and economic recovery.
BACKGROUND/HISTORY
On March 11, 2020, the World Health Organization declared the rapidly spreading novel
coronavirus ("COVID- 19") a pandemic, acknowledging what seemed clear — the virus would
likely spread to all countries on the globe.
The rate of infection throughout the world and in the US accelerated rapidly, grinding most
markets and businesses around the globe to a halt. In order to limit the spread of the novel
coronavirus ("COVI D- 19"), subsequently, both Miami- Dade County and the City issued various
Emergency Orders temporarily, closing public and private facilities, including the temporary
Page 438 of 2284
closure of all nonessential retail and commercial establishments, and the closure of all
restaurants for in person dining. The foregoing closures had greatly limited economic activity in
the City of Miami Beach, and continued to adversely impact City businesses, including
restaurants.
ANALYSIS
On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the
Restaurant Recovery Outdoor Seating Pilot Program (the "Program")to create opportunities for
restaurants to expand their footprint to mitigate the loss of seating associated with implementing
social distancing requirements, in compliance with all applicable State, County, and City
Emergency Orders, provided that each restaurant's then-existing total seating capacity is not
exceeded, such Resolution was set to expire on September 30, 2020.
The Program temporarily allows restaurants to expand sidewalk café seating areas onto public
rights-of-way, or other outdoor seating areas on private property, subject to the Administration's
review and approval of the proposed site plan for the expanded area(s) to ensure all public
safety and public access issues are appropriately addressed, and further subject to the
restaurant operator's compliance with (1) applicable provisions of the Sidewalk Café Ordinance
(set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and
sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, and
City of Miami Beach in any emergency order issued to prevent the further spread of COVI D-19.
The City Commission approved an extension to the program on September 16, 2020, via
Resolution 2020-31406, set to expire on December 31, 2020; and another extension on
December 9, 2020, via Resolution 2020-31522, set to expire on March 31, 2021.
The Administration is requesting an additional extension to the Restaurant Recovery Outdoor
Seating Pilot Program, through the end of the fiscal year, which is September 30, 2021 in order
to continue to promote business operations and economic recovery. The terms of the Program
are set forth in Exhibit"A" to this Resolution, and incorporated by reference herein.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In
order to continue maintaining excellent standards in this area, the City recommends approving
the extension to the Restaurant Recovery Outdoor Seating Pilot Program through September
30, 2021.
CONCLUSION
The Administration recommends approving an additional extension to the Restaurant Recovery
Outdoor Seating Pilot Program, through September 30, 2021, in order to continue to
promote business operations and economic recovery.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
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City Code Section 2-14?
Yes No
Legislative Trackina
Public Works
Sponsor
Commissioner Steven Meiner
ATTACHMENTS:
Description
❑ Exhibit A to Restaurant Recovery Outdoor Seating Program(002)
❑ Resolution
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EXHIBIT "A"
RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM
1. Pilot program. The Restaurant Recovery Outdoor Seating Pilot Program
(the "Program") shall be implemented via special event permits pursuant to
Section 12-5 of the City Code. Permits under the Program shall be separate
from, and shall not otherwise alter or amend the terms of, any existing
sidewalk cafe permits issued pursuant to Chapter 82, Article IV, Division 5
of the City Code (the "Sidewalk Café Ordinance"). The permit shall
authorize a restaurant to expand sidewalk café seating areas onto approved
public rights-of-way, or other outdoor seating areas on private property,
provided the restaurant's then-existing total seating capacity (including
indoor and outdoor seating) is not exceeded. The purpose of this Program
is to mitigate the loss of revenue-generating seating associated with
implementing social distancing requirements.
2. Duration of permit and periodic review. Each special event permit issued
pursuant to the Program shall terminate no later than September 30, 2021,
unless the Program is extended by the City Commission. At the expiration
of the Program, the City Manager shall present a written report to the City
Commission tracking the implementation of this Program, and the City
Commission may, in its discretion, extend the term or otherwise modify the
provisions of this Program.
3. Application. Applicants wishing to participate in the Program must submit
a completed special event permit application to the Public Works Director.
Each application must be accompanied by a sworn affidavit, signed by the
applicant, acknowledging and agreeing to comply with all applicable
provisions of the City Code, of this Resolution, and any Federal, State,
County, or City law or emergency order (including without limitation Miami-
Dade County Emergency Order 28-20 ["County EO 28-20"], and including
the Handbook attached to County EO 28-20 as Exhibit A). As to requests
for expansion on private property, the owner of the property shall be
required to sign the application as a co-applicant.
4. Waiver of fees. No special event application fee or permit fee shall be
required to operate expanded outdoor seating areas pursuant to the
Program.
5. Occupancy. In no event shall any expansion of a restaurant's seating
capacity exceed its then-existing total aggregate capacity for indoor and
outdoor seating.
6. Social distancing and sanitation guidelines. Permittees shall at all times
comply with social distancing and sanitation guidelines or requirements
imposed by the State of Florida, Miami-Dade County, or City of Miami
Beach in any Emergency Order, including County EO 28-20, and including
the Handbook attached to County EO 28-20 as Exhibit A.
7. Site plan review.
a. Each applicant shall be required to submit a proposed site plan
showing the layout and dimensions of the proposed seating
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area(s); proposed location, size, and number of tables, chairs, and
any other furniture; any ramps, paths, pedestrian push buttons,
fixtures, or any other features required by any applicable
accessibility codes including, without limitation, the Americans with
Disabilities Act ("ADA") or State code provisions addressing
accessibility for building construction; and location of doorways,
steps, trees and/or landscaped areas, fountains, parking meters,
fire hydrants, bus shelters, directory/kiosks, public benches, trash
receptacles, and any other existing fixtures, furnishings and/or
other obstruction(s) within the proposed expanded outdoor seating
area.
b. The site plan shall be subject to the approval of the Public Works
Director prior to the issuance of a permit, to ensure that any site-
specific conditions or issues are appropriately addressed, and that
the expansion will not compromise public safety, pedestrian and
vehicular traffic, or any required public access. The permit shall be
specifically limited to the subject area shown on the approved site
plan.
c. With respect to any site plan requesting a street or lane closure,
the City Manager (or designee) shall have the sole and absolute
discretion (subject to County approval, if required) to determine
whether and which parts of public rights-of-way may be closed to
pedestrian or vehicular traffic, or parking, in order to accommodate
outdoor seating areas pursuant to this Program.
8. Compliance with Sidewalk Café Ordinance. Permittees shall at all times
abide by applicable provisions of the City's Sidewalk Café Ordinance,
subject to the following exceptions:
a. Sidewalk café furniture, as defined in Section 82-366, shall be
limited to tables, chairs, umbrellas (with a base of weights rated to
resist winds of up to 35 miles per hour) and planters only. No other
furniture will be allowed.
b. Notwithstanding the provisions of Section 82-385(r) of the City
Code, the use of floor fans and extension cords on the public right-
of-way shall be prohibited. Any lighting on the public right-of-way
shall be cordless and battery-operated.
9. Compliance with all other applicable laws. Permittees shall at all times
comply fully with all applicable Federal, State, County, or City laws
(including the Land Development Regulations of the City Code).
10.Indemnification. Permittees shall be required to indemnify, defend, save,
and hold harmless the City from any and all claims, liability, lawsuits,
damages, and causes of action which may arise out of the permit or the
permittee's activities on public rights-of-way or in expanded outdoor seating
areas on private property.
11.Insurance. Permittees shall be required to maintain, for the entire term of
the permit, certain insurance requirements (subject to the approval of the
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City's Public Works Director and/or Risk Manager), and shall additionally be
required to list the City as an additional insured party.
12.Enforcement / Termination of the Permit. In addition to the enforcement
and penalty provisions set forth in Section 12-5 of the City Code and/or the
Sidewalk Café Ordinance, the Permit shall be revocable and terminable at
any time if the City Manager determines it is in the public interest to do so.
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